[Federal Register Volume 63, Number 176 (Friday, September 11, 1998)]
[Notices]
[Pages 48752-48753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24408]



[[Page 48752]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of a Habitat Conservation Plan and Receipt of an 
Application for an Incidental Take Permit for the Bluffs Project, 
Alameda County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability and receipt of application.

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SUMMARY: This notice advises the public that the Greenbriar Land 
Company and the East County Investors (Applicants) have applied to the 
Fish and Wildlife Service for an incidental take permit pursuant to 
section 10(a)(1)(B) of the Endangered Species Act of 1973, as amended 
(Act). The proposed permit would authorize the incidental take of the 
San Joaquin kit fox (Vulpes macrotis mutica), federally listed as 
endangered, and modification of its habitat during construction of a 
planned unit development in Alameda County, California. The permit 
would also authorize incidental take of the California tiger salamander 
(Ambystoma californiense), a Federal candidate species, effective upon 
its listing under the Act. The permit would be in effect for 2 years.
    The Service announces the receipt of the Applicants' incidental 
take permit application and the availability of an Environmental 
Assessment and the proposed Bluffs Habitat Conservation Plan (Plan), 
which accompanies the incidental take permit application, for public 
comment. The Plan fully describes the proposed project and the measures 
the Applicants would undertake to minimize and mitigate project impacts 
to the San Joaquin kit fox and the California tiger salamander. This 
notice is provided pursuant to section 10(a) of the Endangered Species 
Act and National Environmental Policy Act regulations (40 CFR 1506.6). 
All comments received, including names and addresses, will become part 
of the official administrative record and may be made available to the 
public.

DATES: Written comments on the permit application and Plan should be 
received on or before October 13, 1998.

ADDRESSES: Comments regarding the permit application, Environmental 
Assessment or the Plan should be addressed to the Field Supervisor, 
Fish and Wildlife Service, Sacramento Fish and Wildlife Office, 3310 El 
Camino Avenue, Suite 130, Sacramento, California 95821-6340. Written 
comments may be sent by facsimile to (916) 979-2723. Individuals 
wishing copies of the application, the Environmental Assessment and the 
Plan for review should immediately contact the above office. Documents 
also will be available for public inspection, by appointment, during 
normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ms. Lori Rinek or Mr. William Lehman, 
Sacramento Fish and Wildlife Office, telephone (916) 979-2129.

SUPPLEMENTARY INFORMATION: Section 9 of the Act and Federal regulation 
prohibit the ``take'' of a species listed as endangered or threatened, 
respectively (take is defined under the Act, in part, as to kill, harm, 
or harass). However, the Service, under limited circumstances, may 
issue permits to authorize ``incidental take'' of listed species 
(defined by the Act as take that is incidental to, and not the purpose 
of, the carrying out of an otherwise lawful activity). Regulations 
governing permits for threatened species are promulgated in 50 CFR 
17.32; regulations governing permits for endangered species are 
promulgated in 50 CFR 17.22.

Background

    The Applicants propose to construct a Planned Unit Development 
consisting of 51 single-family residential units and associated public 
streets and infrastructure on the Bluffs project site. The planned 
development will cover approximately 22.8 acres, with the remaining 9.5 
acres of the property set aside as open space. Residential lot sizes 
will range from 0.23 to 0.53 an acre, with a maximum density of 2 units 
per acre. Grading of lots and streets will conform approximately to the 
existing topography, with the exception that the knoll at the 
northeastern end of the site will be substantially lowered. The open 
space areas on the site will consist of an earthquake fault structure 
exclusion zone that traverses the site from northwest to southeast, a 
series of sediment detention basins, and 0.36 acre of seasonal wetlands 
with associated 50-foot minimum setbacks at the western end of the 
site. Four of the detention basins will be located within the structure 
exclusion zone. Two additional detention basins will be constructed at 
the western end of the property and will be separated from the existing 
wetlands and setbacks by a berm approximately 4 feet tall. Appropriate 
native vegetation, including indigenous shrubs and native grass seed 
mixture, will be planted on the banks of the detention basins. The 
Bluffs project site covers approximately 32.28 contiguous acres within 
the City of Livermore. The site is located at the northeastern end of 
the Livermore Valley in eastern Alameda County, California, 
approximately one mile north of Interstate 580. The property borders 
open grassland to the north, Laughlin Road opposite Frick Lake to the 
east, grassland adjacent to a new residential development to the south, 
and grassland and alkali wetlands to the west. The site is comprised 
mainly of a gently sloping alluvial plain at the base of the Altamont 
Hills.
    In 1993 and 1994, the proposed project area was surveyed for 
potential habitat for rare, threatened, or endangered species and other 
biological features that could be affected by the project. Only one 
federally listed species, the endangered San Joaquin kit fox, has the 
potential to occur on the project site and to be incidentally taken 
during the proposed project. The project site may also provide foraging 
or estivation habitat for the California tiger salamander, a Federal 
candidate species. To mitigate for impacts that may result from 
incidental take of the San Joaquin kit fox and the California tiger 
salamander, the Greenbriar Land Company purchased 60 credits (60 acres) 
from the Livermore Equity Group Conservation Bank, a mitigation bank 
approved by the California Department of Fish and Game. To further 
minimize take of the San Joaquin kit fox and California tiger 
salamander, the Applicants will ensure the following: (1) that a 
qualified biologist is present to monitor the project site during and 
after the initial grading period; (2) that temporary fencing will be 
installed to ensure that construction personnel remain out of the open 
space area; (3) that construction equipment disturbance will be 
minimized; and (4) that construction personnel receive worker awareness 
training.
    The Environmental Assessment considers the environmental 
consequences of three alternatives. Alternative one, the No Action 
Alternative, the Service would not issue an incidental take permit. The 
Bluffs project would not be implemented, and no incidental take of the 
listed species would occur. In addition, the mitigation credits would 
be transferred, therefore no habitat would be preserved from 
compensation activities for the proposed project.
    Under Alternative two, the Reduced Density Alternative, the 
development footprint of the Bluffs project would be reduced, thereby 
reducing the loss of annual grassland. The amount of offsite mitigation 
would be less than that provided for the project as proposed.
    Alternative three, the Proposed Action, consists of the issuance of 
an

[[Page 48753]]

incidental take permit, and implementation of the Habitat Conservation 
Plan. The purchase of 60 acres of habitat management lands and other 
conservation measures would result in greater habitat value for the San 
Joaquin kit fox and the California tiger salamander than currently 
exists on the project site.
    This notice is provided pursuant to section 10(a) of the Endangered 
Species Act and the National Environmental Policy Act of 1969 
regulations (40 CFR 1506.6). The Service will evaluate the application, 
associated documents, and comments submitted thereon to determine 
whether the application meets the requirements of the National 
Environmental Policy Act regulations and section 10(a) of the 
Endangered Species Act. If it is determined that those requirements are 
met, a permit will be issued for the incidental take of the San Joaquin 
kit fox during the Applicants' planned development project. The permit 
would also authorize incidental take of the California tiger salamander 
effective upon its listing under the Act. The final permit decision 
will be made no sooner than 30 days from the date of this notice.

    Dated: September 4, 1998.
Michael J. Spear,
Manager, California/Nevada Operations Office, Fish and Wildlife 
Service, Region 1, Sacramento, California.
[FR Doc. 98-24408 Filed 9-10-98; 8:45 am]
BILLING CODE 4310-55-P